YUSUF KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Yusuf Khan has filed the present appeal against the judgment of conviction dated 17.10.2002 and order of sentence dated 18.10.2002, passed by Additional Sessions Judge, Patiala, vide which he has been held guilty for the commission of offence punishable under Section 304 Part II IPC and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.15,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under the aforesaid Section.

(2.) Brief facts of the prosecution case are that on 24.08.2000, Gurmail Singh had gone on his bicycle to sell vegetables. Zora Singh and Modan Singh, son and nephew of Gurmail Singh respectively, went to Village Jassomajra to call Gurmail Singh. When they reached in the said village, they found that Yusuf Khan accused and Gurmail Singh were quarrelling with each other near the house of Amrik Singh. Accused Yusuf Khan struck an iron rod on the back of the neck of Gurmail Singh and then fled away from the spot alongwith the said iron rod. Gurmail Singh was removed to hospital where he died. The motive behind the occurrence was that accused Yusuf Khan was restraining Gurmail Singh (deceased) from selling vegetables in Village Jassomajra and due to this, the accused committed the offence. On the statement of Zora Singh, FIR was registered. Inquest report was prepared. Postmortem examination on the dead body of Gurmail Singh was got conducted. Rough site plan was prepared and statements of witnesses were recorded. After necessary investigation, challan against the accused was presented before the Court.

(3.) On presentation of challan, copies of challan and other documents were supplied to accused under Section 313 Cr.P.C. Finding a prima facie case against the accused, he was chargesheeted for the commission of offence punishable under Section 302 IPC to which he pleaded not guilty and claimed trial.